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HomeMy WebLinkAboutMinutes of Reg. Mtg. 10-07-87 MINUTES OF A REGULAR ~EETING OF l}lE CITY COUNCIL OF ll(E CITY OF llJSTIN, CALIFORNIA SEPTEMBER 21, 1987 CALL TO ORDER/PLEDGE OF A~.LEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Hoesterey, aod the Invocation was given by Mayor Pro Tem Kennedy. II. ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Robert Ledendecker, Dir. of Public Works Ronald A. Nault, Finance Director Susan Jones, Recreation Superintendent Captain Foster, Police Department Lloyd Dick, Building Official Jeff Davis, Senior Planner Cheryl Pengue, Planning Technician Approximately 40 in the Audience III. SPECIAL PRESENTATION 1. CERTIFICATE AWARD FROM TAC-1 FIRE PREVENTION COI~MI1-FEE TO SADDLE- BACK )IDBILE HOME PARK Chief Joseph Anderson, TAC-1 Council Chairman, presented a "TAC-1 Certificate of Excellence" in appreciation of 100% smoke detector installation to John Muers, Saddleback Mobile Home Park Manager. Mr. Muers thanked the TAC-1 Council, the Explorer Scouts who installed the smoke detectors, the Orange County Fire Department, and the City of Tustin for providing the funds. Chief Anderson introduced Bryan Johnson, Station 21 paid-call Fire- fighter/Explorer Scouts Leader, who provided information on their program. The Chief acknowledged Isabelle McClements, Helen Edgar, and Margaret Pottenger, for their past assistance to TAC-1. 84 PROCLAMATIONS 1. RETIRED MAINENANCE WORKER BLENDLE A. SCO1-F Mayor Edgar presented a proclamation to Blendle A. "Scotty" Scott in appreciation of 14 years' outstanding service to the City. He thanked the Council. 84 2. RETIRED WATER SERVICES MANAGER EA~RL E. ROWENHORST The Mayor read a proclamation commending Earl E. Rowenhorst upon his retirement after 41 years' service to the Tustin Water Works and the City of Tustin. Mr. Rowenhorst thanked the Director of Public Works and the Council, and expressed pleasure for the oppor- tunity to have served the Tustin community. 84 3. CONSTITUTION WEEK - SEPTE~I)ER I7-23, I987 Ms. Ruth Lee accepted a proclamation from Mayor Edgar designating September 17-23, 1987, as "Constitution Week," and thanked the Council on behalf of the National Society, Daughters of the American Revolution. 84 CITY COUNCIL MINUTES Page 2, 9-21-87 4. ESCROW MONTH - OCTOBER, 1987 Mayor Edgar presented a proclamation to Gloria Knight and Scott Hunt declaring October, 1987, as "Escrow Month." Mr. Hunt thanked the Council. 84 5. FIRE PREVENTION WEEK - OCTOBER 4-10, 1987 A proclamation was presented by the Mayor to Chief Bob Miller designating October 4Z10, 1987, as "Fire Prevention Week." Chief Miller expressed his thanks to the Council, 'and invited the com- munity to attend open house on Saturday, October 10, at their nearest fire station. 84 6. PRESENTATION FROM SPIRITUAL ASSEMBLY OF THE BA~IAI'S OF TUSTIN Mayor Edgar recognized Mr. Douglas Sohn who presented each Council- member with a copy of "The Promise of World Peace" statement. Mr. Sohn explained the purpose of presenting the statement. The Mayor thanked Mr. Sohn. 84 PUBLIC HEAJ~ING 1. RECOVERY OF CITY-INCURRED COSTS OF ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 17592 AJJ.~GANSET WAY On September 8, 1987, City Council set this matter for public hear- lng to receive protests or objections to the work charges being imposed as an assessment against subject property. Senior Planner Jeff Davis presented the staff report and recom- mendation as contained in the inter-com dated September 21, 1987, prepared by the Community Development Department. Mayor Edgar opened the public hearing at 7:28 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved b~ Hoestere~, seconded bs Kenneds, to assess the charges of $5,407.30 against the property (AP# 401-033-01) as a special assessment and lien. The City Attorney responded to Mayor Pro Tem Kennedy that Glendale Federal Savings representatives have communicated that they're not at this point willing to take any action, but implied that if the City files legal action, they might also do so. He stated they would probably begin foreclosure on the property since improper maintenance is a default of the trust deed. After further discussion, the motion carried 5-0. 81 In response to Mayor Edgar, the City Attorney stated that mortgage payments have been kept up. Therefore, Glendale Federal may or may not choose to start foreclosure proceedings. Councilman Prescott was in favor of revoking a Certificate of Occu- pancy if one is in force for that residence. However, he was not supportive of forcing the property owner to rehabilitate the inte- rior of same. The Senior Planner reminded Council that it has taken since December, 1985, when public nuisance proceedings were initiated, until now to gain compliance. Part of staff's recommendation is to file action against the property owner so that if the property falls back into a state of disrepair, staff will have more expedi- tious ways to handle it. Otherwise, the same problem will continue indefinitely. The Building Official noted that the house has been vacant for a number of years, and electrical power has been disconnected. Active building permits will expire on October 15, 1987, and a Certificate of Occupancy will not be issued until the house is habitable. Continual property maintenance is needed, which the City does not see being done. CITY COUNCIL MINUTES Page 3, 9-21-87 The Building Official responded to Mayor Pro Tem Kennedy that the Uniform Building Code does provide alternatives, the most drastic being demolition. He added that the house has been boarded up since 1985, it has broken windows, area children have entered the house to play in it, and it constitutes a fire hazard. Th City Attorney acknowledged that this is a unique situation for the City which has never been encountered before. He outlined the following choices: 1) Do nothing until the property falls into -a state of disrepair again, and~' repeat the public nuisance abatement and lien pro- ceedings; 2) File legal action to take further steps to require certain work; and 3) Do nothing. Councilman Hoesterey recommended proceeding with whatever actions are necessary to return the property to a condition consistent with the surrounding neighborhood. The City has been dealing with this matter for over 2-1/2 years with no spirit of cooperation from the absentee landlord. It was moved by .Hoesterey, seconded by Edgar, to direct the City Attorney to proceed with an injunction or necessary action to achieve total compliance of the entire property and insure the protection of the neighborhood. Following a question-and-answer period, the motion carried 5-0. 81 PUBLIC INPUT 1. LOCAL POST OFFICE ZIP CODES Gerald Feldman, 13191Wickshire Lane, spoke on behalf of the Belle- wick Community Association, the homeowners association of Annexa- tion No. 138 area which was annexed in February, 1987. Mr. Feldman reported that the area retained the Santa Aha mailing and 92705 zip code designation after annexation to Tustin. How- ever, Southern California Edison Company addressed all electric bills for subject area to Tustin 92680. Subsequently, the regular mail carrier familiar with the annexation was on vacation, and all the bills were stamped "no such address" and returned to Edison. Mr. Feldman requested assistance to minimize problems that occur in having a mailing address different from a physical address. Councilman Prescott requested staff inquire on the status of the 92705 Post Office in south Santa Aha, stating that a "for sale" sign is posted on same. The matter was referred to staff for investigation and report back to Council. 104 VII. CONSENT CALENDAR Item Ho. 3 was removed from the Consent Calendar by Kelly; Kennedy abstained on Item No. 1. It was moved by Hoesterey, seconded by Edgar, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - SEPTEMBER 8, 1987, ADJOURNED REGULAR MEETING (Kennedy abstained.) 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,124,661.03 RATIFICATION OF PAYROLL IN THE AMOUNT OF $152,051.72 50 CITY COUNCIL MINUTES Page 4, 9-21-87 4. RESOLUTION NO~ 87-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1987-88, IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE Adopted Resolution No. 87-103 setting the appropriations limit for Fiscal 1987-88 at $14,751,425.00 as recommended by the Finance Department. 29 5. AGREEME~ WITH ORANGE COUNTY CONSOLIDATED TRANSPORTATION SERVICE AGENCY (OCCTSA) Approved subject agreement with OCCTSA for transportation of senior adults and persons with disabilities in the amount of $5,159.00; and authorized the Mayor and City Clerk to execute same as recommended by Administrative Services. 45 87-43 6. RESOLUTION NO. 87-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN PERSONNEL RECORDS (Applications and Testing Materials for Recruit- ments Closed Over Two Years) Adopted Resolution No. 87-102 as recommended by the Administra- tive Services. 79 Consent Calendar Item No. 3 - John Wayne Airport Monitoring Program - Councilman Kelly was fully supportive and expressed pleasure that the City is taking steps to monitor John Wayne Airport to establish proof of a noise problem. However, he stressed that the safety aspect is of paramount importance. He reported that in conversations with pilots that frequent his shop, they have informed him that there is no visual landing map included in the pilots' handbook for John Wayne Airport. He requested that staff schedule subject item as a regular agenda item. It was moved b~ Kelly, seconded by Kennedy, to approve the following: 3. APPROVJ~_ OF CONSULTANT SERVICES AGREEMENT FOR NONITORING THE JOHN WAYNE AIRPORT NOISE NONITORING PROGRAM FOR THE CITY OF TUSTIN Authorized the City Manager to execute subject agreement with J. J. Van Houten & Associates, Inc., for a maximum amount of $16,910.00 as recommended by the Community Development Depart- ment. In response to Mayor Pro Tem Kennedy, staff verified that consultant hourly fees are broken down into minutes, i.e., the City is not charged for a full hour if the consultant provides 5-10 minutes' service. The motion carried 5-0. 45 87-42 VIII. ORDINANCES FOR INTRODUCTION None. IX. ORDINANCES FOR ADOPTION None. OLD BUSINESS None. NEW BUSINESS 1. TUSTIN JAYCEES' REQUEST FOR TILLER DAYS PARADE A request from Tustin Jaycees for an advance of funds in the total amount of $4,500.00, which requires an additional appropriation of $500 to the approved budgeted amount of $4,000. CITY COUNCIL MINUTES Page 5, 9-21-87 Following consideration of the inter-com dated September 15, 1987, prepared by the Finance Department, it was moved by Hoesterey, sec- onded by Kelly, to: 1) Appropriate an additional $500.00 for the Tiller Days Parade; and 2) Authorize immediate disbursement of funds to the Tustin Jaycees in the amount of $4,500.00 to cover the cost of the Tiller Days Parade scheduled for October 10, 1987. The motion cacried 5-0.. 41 XII. REPORTS 1. PLANNING COMMISSION ACTIONS - SEPTEMBER 14, 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. It was moved bi/ Hoesterey, seconded.bi/ Kelly, to ratify the entire Planning Commission Action Agenda of September 14, 1987. Motion carried 5-0. ~III. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session to consider personnel matters pursuant to Government Code Section 54957. 2. "GET ACQUAINTED' BROCHURES FOR PROPOSED ANNEXATION AREA RESIDENTS Councilman Kelly requested staff prepare a "get acquainted" bro- chure in anticipation of Annexations 139, 140 and 141 proposed for the November 3 ballot. 24 3. MONTHLY FINANCIAL REPORT Councilman Kelly requested that staff resume providing the monthly financial reports. The Finance Director stated that upon comple- tion of the audit, staff will resume providing same. 50 4. ACCOLADES TI) E)4PLOYEES FOR EXTENDED SERVICE TO I'HE CITY Mayor Pro Tern Kennedy expressed regret that she was unable to attend the annual Employee Awards Banquet. She extended accolades to City Attorney James G. Rourke for 27 years' service. Addi- tionally, she thanked Hugh West, retired Maintenance Superinten- dent, for 20 years' service. She noted that a letter of congratu- lations was received from Florence Kortmeyer, former Deputy City Clerk, acknowledging Mr. West's outstanding service to the City. 84 5. PRESENTATION OF CITY TILE PLAQUE TO SAXMAN, ALASKA Mayor Pro Tem Kennedy stated that she recently presented a Tustin City tile plaque to the City Council of Saxman, Alaska, whose members belong to a tribe of Indians famous for totem poles. 84 6. ORAJtGE COUNTY VECTOR CONTROL Mayor Pro Tem Kennedy reported that the Orange County Vector Con- trol announced recently that eight wild birds trapped in Orange County are carrying the western equine encephalitis virus. She requested that the Tustin News print a press release informing the co,unity of the matter and requesting that they help clear out any standing water in the City. 67 7. COMPLAINTS RE JOHN WAYNE AIRPORT Mayor Pro Tem Kennedy referenced a letter from Mr. George Rebella, John Wayne Airport Manager, in response to the Knox complaint. Mr. Rebella stated that there was no record of aircraft flying over CITY COUNCIL MINUTES Page 6, 9-21-87 the Tustin area as reported by Mr. Knox according to records at John Wayne Airport and Long Beach. Council expressed concern over the two conflicting reports. 'The matter was referred to staff for review by the consultant firm of J. J. Van Houten & Associates, Inc., recently contracted to monitor the John Wayne Airport moni- toring program. 101 8. BIRTCHER PROPERTY' DEVELOPMENT ON FIRST STREET, SANTA ANA In response to Mayor P~o Tem Kennedy, Mayor Edgar provided clarifi- cation regarding the Birtcher property develo'pment on First Street in Santa Ana." He stated that the completed building is not the subject of the EIR. The EIR requested by Tustin addresed the expectation that Santa Ana will build two additional buildings, thereby increasing traffic circulation and severely impacting surrounding cities. CalTrans also feels it is essential for Santa Ana to conduct a thorough EIR so that the traffic impact will be understood. When the EIR is forwarded, Tustin will have an opportunity to review and critique same, and take certain steps so that the community will not be adversely impacted. The City Manager added that staff will monitor the EIR very carefully. 81 9. EXCESSIVE POSTING OF PARKING RESTRICTION SIGNS Councilman Hoesterey complained of excessive posting of restricted parking signs along Redhill Avenue and a few other streets. He questioned the need for .signs every 50 feet. He requested that staff review the legal requirements for posting signs as opposed to how many are actually up at this point. Mayor Pro Tem Kennedy noted that there is constant violation of large trucks parking along Redhill Avenue in front of the Church on Redhill. She requested that any additional signs be installed at subject location. 75 10. TRANPORTATION PROBLEMS Councilman Hoesterey reported that at the recent League meeting, the Orange County Super Committee passed out reports on tackling regional transportation problems. He suggested that Council review and be prepared to discuss same at the next meeting, with perhaps a resolution in support of this coordinated effort. He noted that Mayor Edgar served as Vice Chairman, and commended him for his leadership role. He requested the matter be agendized for the October 7 meeting. IOI il. MAIN STREET RECONSTRUCTION Councilman Prescott stated he had pictures of complaints to share with the Director of Public Works regarding the Main Street recon- struction project. Overall, the work is beautiful. However, two residents have brought to his attention problems on their.proper- ties with the cement work. 95 12. WEED ABATEMENT AT 450 EL CAMINO REAL Councilman Prescott requested that the property at 450 E1 Camino Real which is owned by the City be cleaned up in time for the 60th Anniversary birthday party on September 27. He suggested that the fence also be removed, which was originally erected When Stevens Square was under development. 85 13. COLUlq3US TUSTIN PARK Mayor Edgar felt it is time to proceed in planning for completion of Co)umbus Tustin Park. He noted two sources of revenue, one being any excess from the bond issue after the bonds have been paid off (in excess of $20,000). The second source is Revenue Sharing. The County withheld funds (in the vicinity of $35,000) until the McCalla estate was cleared, which is no longer an impediment. CITY COUNCIL MINUTES Page 7, 9-21-87 The Mayor recalled that the former committee's conclusion was that with the amount of land available, both cultural and sports use could not be simultaneous. They recommended construction of a sports facility to compliment already-existing sports activities. He felt Council should accept this direction and commit the facil- ity for youth. He suggested that during the planning phase, it is appropriate to physically separate landscaping from actual building construction. He suggested that staff: 1) Proceed along these general lines; 2) Reinitiate a committee of citizens interested in youth and parks to share in the design, and 3) Proceed. expeditiously toward hiring a consultant to design plans. He requested that the matter be agendized for the October 7 meet- i ng. 77 14. EMPLOYEE AWARDS BANQUET The Mayor commended i~he committee for a job well done in planning t)~e annual Employee Awards Banquet. He echoed Mayor Pro Tem Kennedy's accolades to retired Maintenance Superintendent Hugh West. 79 15. ANNEXATION NO. 140 Mayor Edgar reported he received a letter from Maureen Holthe, President of La Colina Homeowners' Association, stating that many residents of her condominium complex are anxious to vote on subject annexation, and they feel the lawsuit to halt the annexation from being on the November 3 ballot is superseded. 24 XIV. CLOSED SESSION Mayor Edgar announced that the City Council will recess to Closed Ses- sion to consider personnel matters pursuant to Government Code Section 54957. XV. ADJOURNMENT At 8:17 p.m., it was moved by Edgar, seconded by Hoesterej/, to recess to the Redevelopment Agency, thence to a Closed Session to consider person- nel matters pursuant to Government Code Section 54957; and thence adjourn to the next Adjourned Regular Meeting on Wednesday, October 7, 1987, at 7:00 p.m. MAYOR CITY CLERK